Davis v. Killu
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| 20040301 |
Anthony L. Davis, Plaintiff, Appellant, and
Cross-Appellee
v.
Keith Killu, M.D., Philip
Hershberger, M.D., Triad
Hospitals, Inc., Quorum
Health Services, Inc., QHG
of Minot, Inc., UniMed Medical
Center-St. Joseph's Hospital,
and Minot Health Services, Inc.,
dba Medical Arts Clinic, Defendants and Appellees
---------------
Philip Hershberger, M.D., Defendant, Appellee, and
Cross-Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge William W. McLees |
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Nature of Action: |
Malpractice
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| Counsel: |
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| Term: |
10/2005 Argument: 10/26/2005 01:30pm
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| ND cite: |
2006 ND 32
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| NW cite: |
710 N.W.2d 118
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
The issues on appeal are:
I. Did the trial Court erred in ruling that Davis' expert could not refer to or base his opinion on previously redacted and received records from the Mayo Clinic.
II. Did the trial Court err in admitting evidence that Davis had been terminated from employment many years before while excluding evidence of Defendant Hershberger's licensure?
Appellee's Statement of the Issues:
1. Whether the trial court correctly admitted evidence that was received without objection by Davis' counsel, therefore waiving the issue on appeal.
2. Whether the trial court incorrectly denied Dr. Hershberger's Rule 50 motions when the evidence irrefutably showed any alleged delay in diagnosis did not proximately cause Davis' amputation.
Statement of Issues of Killu & Corporate Defendants
I. Do the evidentiary rulings Davis claims as error entitle him to a new trial?
II. Did the trial court err in not granting Dr. Killu's motions for judgment as a matter of law?
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| 1 | | 11/01/2004 | |
NOTICE OF APPEAL: 10/28/2004 |
| 2 | | 11/01/2004 | |
ORDER FOR TRANSCRIPT (Sandy Ostrom): 10/28/2004 |
| 3 | | 11/01/2004 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 11/15/2004 | |
NOTICE OF CROSS-APPEAL (filed in trial court on 11-12-04) |
| 5 | | 12/17/2004 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 12/21/2004 | |
ACTION BY TRIAL COURT. Granted: 01/26/2005 |
| 7 | | 01/26/2005 | |
MOT. EXT/TIME TRANSCRIPT |
| 8 | | 01/26/2005 | |
ACTION BY CLERK (MTR). Granted: 03/17/2005 |
| 9 | | 01/26/2005 | |
E-FILED MOTION (by facsimile transmission) |
| 10 | | 01/27/2005 | |
Original Request for Extension of Time to Prepare Transcript (Sandra Ostrom) |
| 11 | | 03/14/2005 | |
MOT. EXT/TIME TRANSCRIPT (faxed) |
| 12 | | 03/14/2005 | |
E-FILED MOTION (MTR) |
| 13 | | 03/15/2005 | |
ACTION BY CLERK (MTR). Granted: 03/24/2005 |
| 14 | | 03/24/2005 | |
MOT. EXT/TIME TRANSCRIPT (faxed) |
| 15 | | 03/24/2005 | |
E-FILED MOTION (MTR) |
| 16 | | 03/25/2005 | |
ACTION BY CHIEF JUSTICE (MTR). Granted: 03/31/2005 |
| 17 | | 03/31/2005 | |
TRANSCRIPTS DATED 8/2/04, 8/3/04, 8/4/04, 8/5/04, & 8/6/04 (5 vols.) |
| 18 | | 04/01/2005 | |
DISKS (4) (TRA) (8/2/04, 8/3/04, 8/4/04, & 8/6/04) |
| 19 | | 04/04/2005 | |
DISK - TRA (8-5-04) |
| 20 | | 04/05/2005 | |
RECORD ON APPEAL (4 vols.) & Exhibits (NOT REC'D: #125--Exh. A--Large chart calendar with |
| 21 | | 04/05/2005 | |
Physician Contacts with Anthony Davis) |
| 22 | | 04/29/2005 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 23 | | 04/29/2005 | |
ACTION BY CLERK. Granted: 06/07/2005 |
| 24 | | 06/07/2005 | |
APPELLANT BRIEF |
| 25 | | 06/07/2005 | |
APPELLANT APPENDIX |
| 26 | | 06/16/2005 | |
Corrected covers for ATB & ATA, & NOA and Judgment for ATA |
| 27 | | 06/16/2005 | |
DISK (corrected) - ATB |
| 28 | | 07/01/2005 | |
MOT. EXT/TIME APPELLEE BRIEF (Killu & Corporate Defendants) |
| 29 | | 07/01/2005 | |
ACTION BY CLERK (MAE). Granted: 07/15/2005 |
| 30 | | 07/08/2005 | |
APPELLEE BRIEF (of Philip Hershberger, AE & Cross Appellant) |
| 31 | | 07/08/2005 | |
APPELLEE APPENDIX |
| 32 | | 07/11/2005 | |
DISK - AEB (Hershberger) |
| 33 | | 07/15/2005 | |
APPELLEE BRIEF (Killu & Corporate Defendants) |
| 34 | | 07/15/2005 | |
DISK - aeb (Killu & Corporate Defendants) |
| 35 | | 07/25/2005 | |
MOT. EXT/TIME REPLY BRIEF |
| 36 | | 07/25/2005 | |
ACTION BY CLERK. Granted: 08/05/2005 |
| 37 | | 08/05/2005 | |
REPLY BRIEF of Appellant |
| 38 | | 08/05/2005 | |
Appellant's Supplemental Appendix |
| 39 | | 08/08/2005 | |
DISK - ryb of AT |
| 40 | | 09/14/2005 | |
SITTING WITH THE COURT: Graff, Benny A. |
| 41 | | 10/26/2005 | |
APPEARANCES: Wade G. Enget, Tom P. Slorby; John C. Kapsner; Tracy Vigness Kolb, Lance D. Schreiner |
| 42 | | 10/26/2005 | |
ARGUED: Enget; Kapsner; Kolb |
| 43 | | 10/26/2005 | |
ORAL ARGUMENT WEBCAST |
| 44 | | 02/02/2006 | |
DISPOSITION: AFFIRMED |
| 45 | | 02/02/2006 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 46 | | 02/02/2006 | |
Costs on appeal taxed in favor of Appellees |
| 47 | | 02/02/2006 | |
Judgment Mailed to Parties |
| 48 | | 03/08/2006 | |
MANDATE |
| 49 | | 03/14/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 50 | | 11/30/2011 | |
EXPUNGED - Nonpermanent record items destroyed |